Commentary: Attorney General Tom Corbett should hand off probe of Hershey

But what about between a prosecutor and the people he’s investigating?

In these witching hours before Halloween and Election Day comes a story about a pumpkin patch purchased by the Hershey Trust for millions more than its assessed value.

The question is whether Attorney General Tom Corbett and Hershey Trust chairman Leroy Zimmerman discussed details of the 2006 Pumpkin World deal, or, for that matter, about Hershey’s 2005 purchase of the Wren Dale golf course for millions above its assessed value.

Those deals could have made for interesting cocktail-hour chatter when, several months ago, Zimmerman hosted Corbett at his home for dinner. Also, there were a table full of Republican heavy-hitters strategizing about the money needed to ensure a win for Corbett on Nov. 2.

Less than three weeks ago, the attorney general’s office confirmed that it was investigating the Milton Hershey School over a series of land deals. The AG’s office is responsible for overseeing all charitable trusts, and has had special oversight of the Hershey Trust ever since it tried to sell Hershey Foods in 2003.

The problem is that Corbett ignored complaints about these land deals as far back as 2007. The question is whether Corbett owes too much to his political ally — the president of the Hershey Trust — to investigate them fairly.

Office of the Attorney General spokesman Nils Frederikson said Monday that an investigation of the Hershey land deals was opened in September, but said the AG’s office cannot comment on ongoing investigations.

But with the kind of political relationship that exists between Zimmerman and Corbett, the appropriate action would be for Corbett to call in a special prosecutor or to step down as attorney general.

One week before Pennsylvanians will select their next governor, Republican Corbett continues to lead Democrat Dan Onorato in all the polls. Corbett has also amassed $6 million more in campaign contributions for the third quarter, according to reports filed last week, giving him about $5 million to fund a final TV blitz.

In this midterm election, some tea party-backed candidates have demonstrated how outsiders can make their way into the electoral process.

That’s not the case in the Pennsylvania gubernatorial race.

During Corbett’s long, unofficial march toward becoming the GOP nominee, challengers could not touch him and criticism could not dent him. This was in large part thanks to a conservative message about taxes that grew more resonant with the tea party’s influence, not to mention Corbett’s blue-eyed, silver-haired looks out of central casting.

Throw in Corbett’s heavily chronicled investigation of the General Assembly, which has resulted in indictments of more than 20 state lawmakers and staffers, and Corbett has been able to assert that he’s taken on Harrisburg and won.

But from the beginning of his campaign, there were calls for Corbett to step down as Attorney General to avoid potential conflicts of interest as a candidate. All along, he has refused.

On Oct. 8, Leroy Zimmerman said Hershey was cooperating with the investigation.

“We believe the facts will continue to support the conclusion that we have acted appropriately,” he said.